Mastercard® Gift Virtual Account Cardholder Agreement

Terms and Conditions

E-Sign Disclosure

This E-Sign Disclosure and Consent (“Disclosure”), applies to all Communications for any Account offered through www.giftcards.com that is not otherwise governed by the terms and conditions of an electronic disclosure and consent.

The words “we,” “us,” and “our” refer to MetaBank®, Member FDIC, with whom you have your Account, and the words “you” and “your” mean you, the individual(s) or entity identified on the Account(s). As used in this Disclosure, “Account” means the account you have with us. “Communication” means any customer agreements or amendments thereto, disclosures, notices, responses to claims, transaction history, privacy policies and all other information related to the product or service, including but not limited to information that we are required by law to provide to you in writing.

 

  1. Scope of Communications to Be Provided in Electronic Form. When you use a product or service to which this Disclosure applies, you agree that we may provide you with any Communications in electronic format, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below. Your consent to receive electronic communications and transactions includes, but is not limited to:
  • All legal and regulatory disclosures and communications associated with the product or service available through com for your Account
  • Notices or disclosures about a change in the terms of your Account or associated payment feature and responses to claims
  • Privacy policies and notices

 

  1. Method of Providing Communications to You in Electronic Form. All Communications that we provide to you in electronic form will be provided either (1) via e-mail, (2) by access to a web site that we will designate in an e-mail notice we send to you at the time the information is available, or (3) to the extent permissible by law, by access to a web site that we generally designate in advance for such purpose.

 

  1. How to Withdraw Consent. You may withdraw your consent to receive Communications electronically by contacting Customer Service at 877-944-3822 or writing to us at 10615 Professional Circle, Suite 102; Reno NV At our option, we may treat your provision of an invalid e-mail address, or the subsequent malfunction of a previously valid e-mail address, as a withdrawal of your consent to receive electronic Communications; however your access and use of giftcards.commay be terminated. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal. If you withdraw your consent and we have your name and address, we will mail paper versions of all Communications to you at no additional cost. If you have withdrawn your consent and wish to receive electronic Communications again in the future, you may do so by contacting Customer Service at 877-944-3822 or writing to us at 10615 Professional Circle, Suite 102; Reno NV 89521.

 

  1. How to Update Your Records. It is your responsibility to provide us with true, accurate and complete e-mail address, contact, and other information related to this Disclosure and your Account(s), and to maintain and update promptly any changes in this You can update information (such as your e-mail address) through www.giftcards.com or by contacting us at 877-944-3822.

 

  1. Hardware and Software Requirements. In order to access, view, and retain electronic Communications that we make available to you, you must have:

 

  • an Internet browser that supports 128 bit encryption;
  • sufficient electronic storage capacity on your computer’s hard drive or other data storage unit;
  • an e-mail account with an Internet service provider and e-mail software in order to participate in our electronic Communications programs;
  • a personal computer (for PC’s: Pentium 120 MHz or higher; for Macintosh, Power Mac 9500, Power PC 604 processor: 120-MHz Base or higher), operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing Communications received from us in electronic form via a plain text-formatted e-mail or by access to our web site using one of the browsers specified

 

  1. Requesting Paper Copies. We will not send you a paper copy of any communication, unless you request it or we otherwise deem it appropriate to do You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, contact Customer Service at 877-944-3822 or write to us at 10615 Professional Circle, Suite 102; Reno NV 89521. We may charge you a reasonable service charge for the delivery of paper copies of any Communication provided to you electronically pursuant to this authorization. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.

 

  1. Communications in Writing. All Communications in either electronic or paper format from us to you will be considered “in writing.” You should print or download for your records a copy of this Disclosure and any other Communication that is important to

 

  1. Federal Law. You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic

 

  1. Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic We will provide you with notice of any such termination or change as required by law.

 

  1. Consent. By purchasing or using a card or Account from this site, you hereby give your affirmative consent to provide electronic Communications to you as described You further agree that your computer satisfies the hardware and software requirements specified above and that you have provided us with a current e-mail address at which we may send electronic Communications to you.

 

Mastercard Gift Virtual Account (“Account”) Frequently Asked Questions and Accountholder Agreement

Important Notice

 

CUSTOMER SERVICE CONTACT INFORMATION:

10615    Professional     Circle,     Suite    102;    Reno    NV    89521  (Address)

www.giftcards.com  (Website)

877-944-3822 (Toll-Free Customer Service Number)

 

IMPORTANT NOTICES:

  1. GIVE THIS DOCUMENT TO THE RECIPIENT OF THE ACCOUNT FOR ANY FUTURE QUESTIONS OR
  2. PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION (“DISPUTE CLAUSE” SECTION) REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING
  3. ALWAYS KNOW THE EXACT DOLLAR AMOUNT AVAILABLE IN YOUR ACCOUNT. MERCHANTS MAY NOT HAVE ACCESS TO DETERMINE YOUR
  4. IF YOU DO NOT AGREE TO THESE TERMS, DO OT USE THE SAVE YOUR RECEIPT AND CANCEL THE ACCOUNT BY CALLING CUSTOMER SEVICE AND REQUESTING A REFUND CHECK. 

 

Frequently Asked Questions

 

What is the Mastercard Virtual Account (“Account”) and how do I use it?

 

The Account is a virtual code, not a plastic card, but it functions like a Mastercard debit card and can be used to purchase merchandise and services at online, mail order, and telephone merchants everywhere Debit Mastercard debit cards are accepted in the United States. Your Account cannot   be used at brick-and-mortar locations. Your Account cannot be used to obtain cash, except as required by law. It cannot be used at ATMs, for gambling, or at merchants requiring a manual card imprint. Additional restrictions may apply.

How do I use it?

 

First, be sure to keep the Account number, the “valid thru” date, the CVV number, and the customer service number in a safe place. We suggest you also create an account with a login and password on www.giftcards.comThat will make it easier to replace the Account if your Account number is lost or stolen. To make an online purchase, enter the Account number, valid thru date, and CVV number when prompted. The amount of every purchase you make will automatically be deducted from the value associated with your Account.

 

How can I check the balance in my Account?

 

There are three ways you can keep track of your balance: visit www.giftcards.com; call 877-944-3822 to make automated balance inquiries 24/7; or track your balance as you spend. Online retailers generally will not have access to the remaining balance in your Account.

 

Do I need to register my Account?

 

Yes, many online, mail and telephone order merchants often require that personal information, including name, address, telephone number and email address of the Account holder be verified with the Account -issuing bank prior to purchase. Therefore, when you receive your Account, you will be asked to provide this information. Without this information, there may be no way an online, mail or telephone order merchant can confirm your identity. If the merchant cannot match this information to the billing address you provide when ordering, the merchant might decline your purchase even if there are sufficient funds in the Account.             

 

Do fees apply after my Account is established?

Yes. If you do not use your Account for 12 consecutive months, we will charge a fee of $4.95 on the first day of each month that follows (starting with month 13) until you use the Account again. At that point, we will wait until 12 more consecutive months of inactivity occur before charging the fee again. If you don’t use your Account for an extended period of time, these fees may lower or even exhaust the balance of your Account before the “valid thru” date has passed. You may avoid this fee by making regular purchases with your Account.

 

There is also a fee of $5 to replace a lost or stolen Account, so please safeguard your Account information. This fee does not apply to replacement of an expired Account.

 

Do the funds in my Account expire?

No, the funds in your Account do not expire.

 

Does my Account expire?

Your Account will no longer work when the remaining value is equal to $0 or the “valid thru” date has passed. If funds still remain in your Account after the “valid thru” date, please call the Toll-Free Customer Service Number at the top of these FAQ to have a replacement Account with an updated “valid thru” date issued to you at no cost. The balance in the replacement Account will be equal to the balance on your discontinued Account.

 

Can value be added to my Account after it is established?

No. The Account is not reloadable.

 

What if my purchase is greater than the value available in my Account?

Some online merchants may allow split payments. To make a split payment, you must specify how much to charge the Account and then use another form of payment for the remaining amount. Most online merchants do not allow split payments.

 

If my Account information is lost or stolen, how do I report it?

If your Account information is lost or stolen, call the Toll-Free Customer Service Number at the top of these FAQ to cancel your Account as soon as you can. You will need to know your Account number, so be sure to record it in a safe place. You may also be required to provide additional information. If funds remain in your Account, you will be sent a free replacement Account, but a fee of $5 may apply.

 

 

Accountholder Agreement
IMPORTANT – PLEASE READ CAREFULLY 

Fees and Expiration Dates Associated with your Account

Monthly Maintenance Fee: $4.95

Subject to applicable law, beginning on the 13th month after there has been no activity on your Account, a monthly maintenance fee of $4.95 will be deducted from the funds associated with your Account. This fee will continue to be assessed as long as there are funds associated with your Account and no further activity has occurred. If further activity occurs, we will wait until the 13th consecutive month of inactivity to assess the monthly maintenance fee. If you do not use your Account for an extended period of time, these fees may lower or even exhaust the balance of your Account before the “valid thru” date has passed. You may avoid this fee by making regular purchases with your Account.

Replacement Account Fee: $5.00

If your Account information is lost or stolen, there will be a fee of $5 to replace it.

Although your Virtual Account has a “valid thru” date, the funds associated with your Account do not expire. When the “valid thru” date has passed, you must call 877-944-3822 to obtain a replacement Account.

This Accountholder Agreement (“Agreement”) sets forth the terms and conditions under which a Mastercard Gift Virtual Account (“Account”) has been issued to you. The Mastercard Virtual Account is a prepaid Account issued by MetaBank, with certain services provided by Blackhawk Network

California, Inc. By accepting and using an Account, activating the Account, or authorizing any person to use the

Account, you agree to be bound by the terms and conditions contained in this Agreement. In this Agreement “You” and “your” mean the person or persons who have received the Account and are authorized to use the Account as provided for in this Agreement. “We”, “us”, “our”, and “Bank” mean MetaBank, our successors, affiliates or assignees. The Account is nontransferable after it has been signed, and it may be canceled or revoked at any time without prior notice, subject to applicable law. Please read this Agreement carefully and keep it for future reference. These terms and conditions apply to both the purchaser and any other user of the Account. It is the purchaser’s obligation to provide these terms and conditions to any user; however, new terms and conditions may be provided, or any other questions or concerns answered by contacting Customer Service.

Please read this Agreement carefully and keep it for future reference.

 

  1. ABOUT YOUR ACCOUNT

Your Account is a virtual gift Account. Your Account consists of an Account number, a “valid thru” date, and a security code, just like those on a plastic card. The Account is loaded with a specific amount of funds, redeemable to buy goods and services online, via mail order, or by telephone everywhere Debit Mastercard is accepted. You may not use your Account at brick-and-mortar locations. The Account is NOT a credit card. The Account is not a checking account or connected in any way to any account other than a stored value account where your funds are held. You will not receive any interest on the funds in your Account. If you have registered your Account, the funds in your Account will be insured by the Federal Deposit Insurance Corporation (“FDIC”), subject to applicable limitations and restrictions of such insurance. You may register your Account by visiting the Website awww.giftcards.com or calling the Toll-Free Customer Service Number at 877-944- 3822.

 

You may not load additional funds to the Account.

 

  1. USING YOUR ACCOUNT
  2. Accessing Funds and Limitations

You may use your Account to obtain goods or services at online, telephone, or mail order merchants wherever Debit Mastercard debit cards are honored. You may not use your Account at brick-and-mortar locations. Each time you use your Account, you authorize us to reduce the value available on your Account by the amount of the transaction. Your Account cannot be:

  1. redeemed for cash;
  2. used to obtain cash in any transaction;
  3. used for illegal transactions;
  4. used to make foreign transactions; or
  5. used for purchases where recurring payments may occur, such as subscriptions, memberships, rentals,

For security reasons, we may limit the amount or number of transactions you can make on your Account. We may refuse to process any transaction that we believe may violate the terms of this Agreement.

 

Your Account is valid in the U.S. only. It cannot be used at merchants outside of the United States, including internet and mail/telephone order merchants outside of the United States. Although your Account will not be accepted at locations outside of the United States, it is welcome at online, telephone, and mail order merchants in the U.S. wherever Debit Mastercard debit cards are accepted.

 

  1. Obtaining Account Balance Information

You should keep track of the amount of value in Accounts issued to you. You may obtain information about the amount of money you have remaining in your Account at no charge by contacting Customer Service. This information, along with a 60-day history of Account transactions, is also available online by visiting our Website. You also have the right to obtain a sixty (60) day written history of account transactions by contacting Customer Service.

 

  1. Authorized Users

You may present the Account to another person. If you do provide access to your Account, you are liable for all transactions made with the Account by those persons. You must notify us to revoke permission for any person you previously authorized to use Account information or have access to your Account. You are responsible for all transactions and fees incurred by you or any other person you have authorized.

 

  1. Authorization Holds

You do not have the right to stop payment on any purchase transaction originated by use of your Account. With certain types of purchases (such as those made at restaurants, hotels, or similar purchases), your Account may be “preauthorized” for an amount greater than the transaction amount to cover gratuity or incidental expenses. Any preauthorization amount will place a “hold” on your available funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorization amount on hold will be removed. During this time, you will not have access to preauthorized amounts. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds.

 

  1. Returns and Refunds

If you are entitled to a refund for any reason for goods or services obtained with your Account, the return and refund will be handled by the merchant. If the merchant credits your Account, the credit may not be immediately available. While merchant refunds post as soon as they are received, please note that we have no control over when a merchant sends a credit transaction and the refund may not be available for a number of days after the date the refund transaction occurs.

 

  1. Receipts

You may wish to retain receipts as a record of transactions. Receipts will be required if you need to verify a transaction.

 

  1. Split Transactions and Other Uses

Some online, telephone, and mail order merchants may permit “split transactions.” If you wish to use your Account for a purchase that is greater than the balance associated with your Account and the seller permits split transactions, you must charge only the exact amount available to the Account. Then you must pay the difference using another payment method. You may check your balance by visiting www.giftcards.com or calling Customer Service at 877-944-3822However, most online merchants do not permit split transactions.

YOU ARE NOT ALLOWED TO EXCEED THE BALANCE OF THE FUNDS AVAILABLE IN YOUR

ACCOUNT. If you attempt to use the Account when there are insufficient funds associated with it, the transaction will generally be declined. Nevertheless, if a transaction that exceeds the balance of the funds available in your Account occurs due to a systems malfunction or otherwise, you shall remain fully liable to us for the amount of the transaction.

 

  1. REPLACEMENT ACCOUNT

The funds in your Account do not expire. The “valid thru” date associated with your Account is not an expiration date, but is intended primarily for fraud protection purposes and also permits your Account to be used with certain Internet or mail/telephone order merchants. After the “valid thru” date, your available funds will be temporarily unavailable until you contact Customer Service for a replacement Account with a new “valid thru” date. You will not be charged a fee for a replacement Account. If your Account still has unused funds it after the “valid thru” date has passed, you may order a new Account by contacting Customer Service. Upon contacting us for any lost/stolen Account, your funds will be temporarily unavailable until you activate your replacement Account.

 

  1. COMMUNICATIONS

You agree that we may monitor and record any calls or other communications between us and you. You also agree that we or our service providers may contact you by using an automated dialing or email system, by text, or artificial or recorded voice. You agree to pay any service charges assessed by your plan provider for communications we send or make to you or that you send or make to us.

 

  1. UNAUTHORIZED TRANSACTIONS
  2. Contact Customer Service Immediately

If you believe your Account information has been lost or stolen or an unauthorized transaction has been made using the information from your Account without your permission, contact Customer Service IMMEDIATELY. We will ask for the Account number and other identifying details. We cannot assist you if you do not have the Account number. We reserve the right to investigate any claim you may make with respect to lost or stolen Account information or unauthorized transactions, and you agree to cooperate with such investigation. We may not be able to assist you if you do not contact us within 60 days of the unauthorized transaction. We will charge a fee of $5 as noted in the fee table above to replace any lost/stolen Account, which will be deducted from the balance on the Account. A reissued Account may take up to 30 days to process.

 

  1. Zero Liability

Under Mastercard’s Zero Liability Policy, your liability for unauthorized transactions on your Mastercard-branded Card is $0.00 if you notify us promptly upon becoming aware of the loss or theft, and you exercised reasonable care in safeguarding your Card from loss, theft, or unauthorized use. This policy limiting your liability does not apply to debit transactions not processed by Mastercard, certain commercial transactions, or unregistered cards.

  1. NO WARRANTIES AND LIMITATION OF LIABILITY

We are not responsible for the quality, safety, legality, or any other aspect of any goods or services purchased with an Account or using the Account. Further, we will not be liable:

  1. If, through no fault of ours, you do not have enough funds available in your Account to complete the transaction;
  2. If a merchant refuses to accept your Account;
  3. If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction;
  4. If access to your Account has been blocked after you reported your Account lost or stolen;
  5. If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
  6. For any other exception stated in our Agreement with

 

 

  1. LEGAL NOTICES
  2. English Language Controls

Translations of this Agreement that may have been provided are for your convenience only and may not accurately reflect the original English meaning. The meanings of terms, conditions, and representations herein are subject to definitions and interpretations in the English language.

  1. Assignability

You may not assign or transfer your Account or your obligations under this Agreement. We may, however, transfer or assign our rights under this Agreement, including any balances in your Account.

  1. Other Terms

You will be notified of any change to this Agreement in the manner required by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We do not waive our rights by delaying or failing to exercise them at any time (for example, assessing a fee less than described, or not all, for any reason does not waive our right to begin charging the fee as set forth in this Agreement without notice). If any provision of this Agreement is determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement will not be affected. This Agreement will be governed by the law of the state of South Dakota except to the extent governed by federal law. Should your Account have a remaining balance after a certain period of inactivity, we may be required to remit the remaining funds to the appropriate state agency.

  1. PRIVACY

We may provide information to our employees, auditors, affiliates, service providers, or attorneys as needed, or to any third party if you give us your written permission. We may also collect: (1) Information about purchases made with the Account, such as date of purchase, amount and place of purchase; (2) Information you provide to us when you register a Account, or for replacement Accounts, or when you contact us with customer service issues, such as name, address, phone number.

We may also disclose information about your Account or the transactions you make to third parties in order to: (1) complete transactions; (2) verify the existence and condition of your Account for a third party, such as merchant; (3) provide customer services; (4) process claims for lost or stolen Accounts; (5) help protect against fraud and to conduct research and analysis; or (5) comply with government agency or court orders, or other legal reporting requirements.

 

  1. JURY TRIAL WAIVER AND ARBITRATION

 

  1. Jury Trial Waiver: To the extent permitted by law, you and we knowingly and voluntarily waive any right to trial by jury in the event of litigation arising out of or related to this agreement. This Jury Trial Waiver does not modify in any fashion the Arbitration Clause set forth in the following section, which contains its own jury trial
  2. Arbitration Clause: You can opt out of this Arbitration Clause within 60 calendar days from the earlier of purchasing, activating, or using the Account. You must send the opt out notice in writing to MetaBank, Attn: Customer Service, 5501 S Broadband Ln, Sioux Falls, SD 57108 (“Notice Address”). This Arbitration Clause governs any dispute arising under this Agreement, aside from the validity and coverage of this Arbitration Clause. Arbitrations will be conducted under the rules of the arbitration administrator, as chosen by us. Arbitration may be brought by you or us, and we will not demand arbitration if you bring an individual action in small claims court. In addition to the Jury Trial Waiver above, you also waive your rights to be a class member or bring suit in a class action or class arbitration. In order to commence an arbitration, the party bringing the dispute must send the notice and complaint in writing. You must send your notice to the Notice Address. After receiving notice, the other party has 30 days to attempt to resolve the issue before a suit or arbitration commences. We will pay all costs associated with administering an arbitration brought by you in good faith, if you cannot get a waiver and ask us to pay. Further, we will pay legal fees and costs if you win or as required by law or the arbitrator. This Arbitration Clause will stay in force if your Account is closed or we assign our rights under this Agreement. This Arbitration Clause and any rights to appeal or requests for information will be governed by the Federal Arbitration Act and the rules of the

 

  1. WAIVER OF RIGHT TO TRIAL BY JURY

YOU AND WE ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT BUT MAY BE WAIVED IN CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW, YOU AND WE KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF OR RELATED TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY FASHION THE DISPUTE CLAUSE SET FORTH IN THE FOLLOWING SECTION, IF APPLICABLE, WHICH CONTAINS ITS OWN SEPARATE JURY TRIAL WAIVER.

 

  1. DISPUTE CLAUSE

We have put this Dispute Clause in question and answer form to make it easier to follow. However, this Dispute Clause is part of this Agreement and is legally binding. 

 

Background and Scope.

Question

Short

Answer

Further Detail

What is arbitration?

An

alternative to court

In arbitration, a third party arbitrator (“Arbitrator”) solves Disputes in an informal hearing.

Is it different from court and jury trials?

 

Yes

The hearing is private. There is no jury. It is usually less formal, faster and less expensive than a lawsuit. Pre-hearing fact finding is limited. Appeals are limited. Courts rarely overturn arbitration awards.

 

Can you opt out of this Dispute Clause?

 

Yes,    within 60 days

If you do not want this Dispute Clause to apply, you must send us a signed notice within 60 calendar days after you purchase the Account. You must send the notice in writing (and not electronically) to our Notice Address, Attn: General Counsel. Provide your name, address and Account number.

State that you “opt out” of the dispute clause.

What is this Dispute Clause about?

The parties’ agreement to arbitrate

Disputes

Unless prohibited by applicable law and unless you opt out, you and we agree that you or we may elect to arbitrate or require arbitration of any “Dispute” as defined below.

 

 

Who does the Dispute Clause cover?

You, us and certain “Related Parties”

This Dispute Clause governs you and us. It also covers certain “Related Parties”: (1) our parents, subsidiaries and affiliates; (2) our employees, directors, officers, shareholders, members and representatives; and (3) any person or company that is involved in a Dispute you pursue at the

same time you pursue a related Dispute with us.

 

 

 

What Disputes does the Dispute Clause cover?

 

All Disputes (except certain Disputes about this Dispute Clause)

This Dispute Clause governs all “Disputes” that would usually be decided in court and are between us (or any Related Party) and you. In this Dispute Clause, the word “Disputes” has the broadest reasonable meaning. It includes all claims even indirectly related to your Account or this Agreement. It includes claims related to the validity in general of this Agreement. However, it does not include disputes about the validity, coverage or scope of this Dispute Clause or any part of this Dispute Clause. (This includes a Dispute about the rule against class arbitration.) All such disputes are for a court and not an Arbitrator to

decide.

 

 

 

 

 

Who handles the arbitration?

 

 

 

 

 

 

Usually AAA or JAMS

Arbitrations are conducted under this Dispute Clause and the rules of the arbitration administrator in effect when the arbitration is started. However, arbitration rules that conflict with this Dispute Clause do not apply. The arbitration administrator will be either:

•   The American Arbitration Association (“AAA”), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org.

•   JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.org

•   Any other company picked by agreement of the parties.

If all the above options are unavailable, a court will pick the administrator. No arbitration may be administered without our consent by any administrator that would permit a class arbitration under this Dispute Clause. The arbitrator will be selected under the administrator’s rules. However, the arbitrator must be a lawyer with at least ten years of

experience or a retired judge unless you and we otherwise agree.

 

Can Disputes be litigated?

 

 

Sometimes

Either party may bring a lawsuit if the other party does not demand arbitration. We will not demand arbitration of any lawsuit you bring as an individual action in small-claims court. However, we may demand arbitration of any appeal of a small-claims decision or any small-claims

action brought on a class basis.

 

 

 

 

 

Are you giving up any rights?

 

 

 

 

 

Yes

For Disputes subject to this Dispute Clause, you give up your right to:

1.          Have juries decide Disputes.

2.          Have courts, other than small-claims courts, decide Disputes.

3.          Serve as a private attorney general or in a representative capacity.

4.          Join a Dispute you have with a dispute by other consumers.

5.          Bring or be a class member in a class action or class arbitration. We also give up the right to a jury trial and to have

courts decide Disputes you wish to arbitrate.

Can you or another consumer start a class arbitration?

 

 

No

The Arbitrator is not allowed to handle any Dispute on a class or representative basis. All Disputes subject to this Dispute Clause must be decided in an individual arbitration or an individual small-claims action. This

Dispute Clause will be void if a court rules that the Arbitrator can decide a

Dispute on a class basis and the court’s ruling is not reversed on appeal.

 

What law applies?

 

The Federal Arbitration Act (“FAA”)

This Agreement and the Accounts involve interstate commerce. Thus, the FAA governs this Dispute Clause. The Arbitrator must apply substantive law consistent with the FAA. The Arbitrator must honor statutes of limitation and privilege rights. Punitive damages are governed by the

constitutional standards that apply in judicial proceedings.

Will anything I do make this

No

This Dispute Clause stays in force even if: (1) you or we end this Agreement; or (2) we transfer or assign our rights under this Agreement.

Dispute Clause

ineffective?

 

 

Process.

 

 

What must a party           do before starting         a

lawsuit        or arbitration?

 

Send        a written Dispute notice and work       to resolve the Dispute

Before starting a lawsuit or arbitration, the complaining party must give the other party written notice of the Dispute. The notice must explain in reasonable detail the nature of the Dispute and any supporting facts. If you are the complaining party, you must send the notice in writing (and not electronically) to our Notice Address, Attn: General Counsel. You or an attorney you have personally hired must sign the notice and must provide the Account number and a phone number where you (or your attorney) can be reached. A letter from us to you will serve as our written notice of a Dispute. Once a Dispute notice is sent, the complaining party must give the other party a reasonable opportunity over the next 30 days to resolve

the Dispute on an individual basis.

 

 

 

How does an arbitration start?

 

 

 

Mailing a notice

If the parties do not reach an agreement to resolve the Dispute within 30 days after notice of the Dispute is received, the complaining party may commence a lawsuit or an arbitration, subject to the terms of this Dispute Clause. To start an arbitration, the complaining party picks the administrator and follows the administrator’s rules. If one party begins or threatens a lawsuit, the other party can demand arbitration. This demand can be made in court papers. It can be made if a party begins a lawsuit on an individual basis and then tries to pursue a class action. Once an arbitration demand is made, no lawsuit can be brought and any existing

lawsuit must stop.

 

Will         any

hearing     be held nearby?

 

Yes

The Arbitrator may decide that an in-person hearing is unnecessary and that he or she can resolve a Dispute based on written filings and/or a conference call. However, any in-person arbitration hearing must be held

at a place reasonably convenient to you.

What about appeals?

 

Very limited

Appeal rights under the FAA are very limited. The Arbitrator’s award will be final and binding. Any appropriate court may enter judgment upon the

arbitrator’s award.

Arbitration Fees and Awards.

Who bears arbitration

fees?

Usually, we do.

We will pay all filing, administrative, hearing and Arbitrator fees if you act in good faith, cannot get a waiver of such fees and ask us to pay.

When will we cover your legal fees and costs?

 

 

If you win

If you win an arbitration, we will pay the reasonable fees and costs for your attorneys, experts and witnesses. We will also pay these amounts if required under applicable law or the administrator’s rules or if payment is required to enforce this Dispute Clause. The Arbitrator shall not limit his or

her award of these amounts because your Dispute is for a small amount.

Will you ever owe us for arbitration or attorneys’

fees?

 

Only for bad faith

The Arbitrator can require you to pay our fees if (and only if): (1) the Arbitrator finds that you have acted in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)); and (2) this power does not make this Dispute Clause invalid.

Can an award

be explained?

Yes

A party may request details from the Arbitrator, within 14 days of the ruling.

Upon such request, the Arbitrator will explain the ruling in writing.

 

This Account is issued by MetaBank, Member FDIC, pursuant to license by Mastercard International Incorporated. Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated.

5501 S. Broadband Lane Sioux Falls, SD 57108

For Customer Service Inquiries:

Blackhawk Network California, Inc. ATTN: Customer Service

10615 Professional Circle, Suite 102 Reno, NV 89521

www.giftcards.com 877-944-3822

 

Copyright ©2018 Blackhawk Network California, Inc. and MetaBank

 

METABANK PRIVACY POLICY

Rev. 03/2016

 

FACTS

 

WHAT DOES METABANK DO WITH YOUR PERSONAL INFORMATION?

 

Why?

Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.

 

What?

The types of personal information we collect and share depend on the product or service you have with us. This information can include:

•       Social Security number and Income

•       Account balances and Transaction history

•       Credit history and Assets

When you are no longer our customer, we continue to share your information as described in this notice.

 

How?

All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons

MetaBank chooses to share; and whether you can limit this sharing.

 

 

Reasons we can share your personal

information

Does MetaBank

share?

Can you limit

this sharing?

For our everyday business purposes – such as to process your transactions, maintain your account(s), respond to court orders and legal

investigations, or report to credit bureaus

Yes

No

For our marketing purposes – to offer our products

and services to you

Yes

No

For joint marketing with other financial companies

Yes

No

For our affiliates’ everyday business purposes

Information      about your transactions and experiences

No

We do not share

For our affiliates’ everyday business purposes

Information about your creditworthiness

No

We do not share

For our affiliates to market to you

No

We do not share

For nonaffiliates to market to you

No

We do not share

 

 

Questions?

Go to www.metabank.com.

 

 

 

Who we are

Who is providing this

notice?

This privacy policy is provided by MetaBank and applies to MetaBank

products and services.

 

What we do

How does MetaBank

protect my personal information?

To protect your personal information from unauthorized access and use,

we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.

How does MetaBank collect my personal information?

We collect your personal information, for example when you

•       Open an account or Apply for a loan

•       Make deposits or withdrawals from your account or Provide account information

•       Make a wire transfer

We also may collect your personal information from others, such as credit bureaus, affiliates, or other companies.

Why can’t I limit all sharing?

Federal law gives you the right to limit only

•       Sharing for affiliates’ everyday business purposes – information about your creditworthiness

•       Affiliates from using your information to market to you

•       Sharing for nonaffiliates to market to you

State law and individual companies may give you additional rights to limit sharing. [See below for more on your rights under state law.]

 

Definitions

Affiliates

Companies related by common ownership or control. They can be financial and nonfinancial companies.

•             MetaBank does not share with our affiliates.

Nonaffiliates

Companies not related by common ownership or control. They can be financial and nonfinancial companies.

•              MetaBank does not share with nonaffiliates so they can market to you.

 

Joint Marketing

A formal agreement between nonaffiliated financial companies that together market financial products or services to you.

•       Our joint marketing partner(s) include nonaffiliated financial companies that we may partner with to jointly market financial products or services to you.

 

Other important information

Special Notice for State Residents

Residents of California or Vermont: We will not share with nonaffiliates except for our own marketing purposes, our everyday business purposes, or with your consent.

 

Residents of Nevada: We are providing this notice pursuant to Nevada law.

BLACKHAWK NETWORK CALIFORNIA, INC. PRIVACY POLICY

 

Blackhawk Short-Form Privacy Notice

 

Rev. 07/2016

FACTS

WHAT DOES BLACKHAWK DO

WITH YOUR PERSONAL INFORMATION?

Why?

Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand

what we do.

 

What?

The types of personal information we collect and share depend on the product or service you have with us. This information can include:

  • Social Security number and payment history
  • account balances and account transactions
  • transaction history and purchase history

When you are no longer our customer, we continue to share your information as described in this notice.

 

How?

All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Blackhawk chooses to share; and whether you can limit this sharing.

 

Reasons we can share your personal

information

Does Blackhawk

share?

Can you limit this

sharing?

For our everyday business purposes – such as to process your transactions, maintain your account(s), respond to court orders and legal

investigations, or report to credit bureaus

 

Yes

 

No

 

For our marketing purposes –

to    offer    our    products    and services to you

 

Yes

 

No

For joint marketing with other financial

institutions

Yes

No

For     our     affiliates’    everyday    business purposes – information about your transactions

and experiences

 

Yes

 

No

For     our     affiliates’    everyday    business purposes      –      information      about     your

creditworthiness

No

We don’t share

For our affiliates to market to you

No

We don’t share

For nonaffiliates to market to you

No

We don’t share

 

Questions?

Call 844-855-5628

 

 

 

Who is providing this notice?

Blackhawk Network California, Inc. (“Blackhawk”), which provides certain services in connection with your card

account.

 

How does Blackhawk protect my personal information?

To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.

How does Blackhawk collect my personal information?

We collect your personal information, for example, when you:

  • open an account or provide account information
  • give us your contract information or show us your government-issued ID
  • use your credit or debit card

We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.

Why can’t I limit all sharing?

Federal law gives you the right to limit only:

  • sharing for affiliates’ everyday business purposes – information about your creditworthiness
  • affiliates from using your information to market to you
  • sharing for nonaffiliates to market to you

State laws and individual companies may give you additional

rights to limit sharing. See below for more on your rights under state law.

 

 

Affiliates

Companies related by common ownership or control. They can be financial and nonfinancial companies.

  • Blackhawk’s affiliates include companies with a Blackhawk name and others, such as Cardpool, Inc., CardLab, Inc., and Omni Prepaid, LLC

Nonaffiliates

Companies not related by common ownership or control. They can be financial and nonfinancial companies.

  • Blackhawk does not shares with nonaffiliates so they can market to you.

Joint Marketing

A formal agreement between nonaffiliated financial companies that together market financial products or services to you.

  • Blackhawk    may    partner   with    nonaffiliated   financial companies to jointly market financial products or services to you.

Other Important Information

CA residents: Blackhawk will limit sharing with its affiliates to the extent required by California law.

Blackhawk will not share your personal information for joint marketing with other financial institutions. VT residents: If Blackhawk shares your personal information for joint marketing with other financial institutions, it will share only your name, contact information, and information about your transactions.

NV residents: We are providing this notice pursuant to Nevada law.

 

 

Blackhawk Consumer Privacy Policy

 

Last Updated: 06/2016

 

Introduction and Scope of Practices.

 

This Privacy Policy (“Policy”) applies to Blackhawk Network Holdings, Inc. (“Blackhawk,” “we,” “us,” or “our”) and its affiliates and subsidiaries worldwide, including, but not limited to, Blackhawk Network, Inc., Blackhawk Network California, Inc., Blackhawk Engagement Solutions, Inc., Cardpool, Inc., CardLab, Inc., GiftCards.com, LLC, and Omni Prepaid, LLC. The Policy applies any time you deal with Blackhawk, whether in person, by telephone, by mail, or at any online or mobile site or application that we own and control (“Site”). The only exception to this is if different practices are provided and state that they apply instead of this Policy.

 

This Policy explains:

 

  • how we collect, use, and share information from or about you;
  • how our online advertisements (such as banner ads) on third-party sites treat data; your choices about our use of your personal information; and
  • how you can access and update your

 

Sometimes, we appear on a site owned by a third party (like a Blackhawk page or handle on a social media site) or link to a third party site. When we do, that third party’s privacy policies and terms of use, not ours, will apply unless you are told otherwise. Also, some of Blackhawk’s services (“Services”) are offered through banks or other financial institutions. In those cases, the third parties’ policies will govern their use of consumer data.

 

Types of Information We Collect

 

Personally Identifiable Information (“PII”). PII means information or a combination of information that can be used to identify, contact, or locate a specific person. We may collect the following types of PII from you:

 

  • Contact information, such as name, email address, mailing address, fax or phone number;

 

  • Payment and financial information, such as credit or other payment card information, bank account, or billing address;

 

  • Social Security Number or other national tax ID number

 

  • Device geolocation (geographical location)

 

  • Unique identifiers such as user name, account number, or password; and,

 

  • Preference information such as product wish lists, order history, or marketing preferences.

 

Sometimes, we may combine PII you provide with information from third-party sources. For example, we may confirm your address with the postal service or verify your personal information with a credit-reporting agency. We will treat the combined information in accordance with the terms of this Policy.

 

Other Information (“OI”). OI is any information other than PII that does not reveal your identity or directly relate to a person. We may collect the following OI from you:

 

  • Information about your business such as company name, company size, or business type;

 

  • Demographic information, such as age, gender, interests and ZIP code;

 

  • Device and other tracking information, such as browser information, device identifiers, operating system, or information gained from cookies, pixels or other tracking

 

OI may also include PII we have de-identified or aggregated to the point where it no longer identifies a particular individual. If we ever combine OI with any PII, we treat it as PII is treated under this Policy. In some jurisdictions, some OI may be considered PII by law. In those cases, we will treat the information as PII is treated under this Policy.

 

How We Collect Personally Identifiable Information

 

We collect PII when you provide it to us. This can occur when you fill out applications, create accounts, send in forms, take surveys, or fill in various online fields on our Sites. We also collect PII when you contact us with inquiries, customer support requests, or employment applications.

 

We may also collect the PII of third parties when you provide it to us. If you choose to use our service to send a gift to a friend or register a family member for an account, we will ask you for their name and address or email address. Blackhawk stores this information for the sole purpose of completing the transaction. If you provide PII of a friend or family member and they want us to delete this information, they should contact us at privacy@bhnetwork.com. We may not always be able to remove their PII. We will let them know if we cannot do so and why.

 

How We Use Personally Identifiable Information We Collect

 

We may use PII we collect for the following purposes:

 

 

  • to provide you with the Services you requested;

 

  • to verify your identity and/or location in order to allow access to your accounts, conduct online transactions, and secure your PII;

 

  • to send you important information, such as changes to terms, conditions, and policies and/or other administrative information;

 

  • to respond to your inquiries and fulfill your requests;

 

  • to track referrals from partner websites;

 

  • to personalize your experience on a Site by presenting content or offers tailored to you;

 

  • to send you marketing communications you have signed up for or that we believe may be of interest to you;

 

  • to allow you to use various Site features.

 

o Please note that some features require that you provide PII in order to use them

(e.g., many of the features at www.paypower.com) whereas other tools do not (e.g., the features in the GoWallet application). You may request that certain information that you enter into our Sites be stored for future access and use. You have the option not to save the information;

 

  • to assist in verifying your identity and account status when we deal with you through our social media We may combine this information with information we already have;

 

  • to enable you to post your resume, search job postings, and contact or be contacted by Blackhawk for prospective employment;

 

  • for business purposes, including data analysis, audits, developing and improving products and services, enhancing our Sites, identifying usage trends and determining the effectiveness of promotional campaigns;

 

  • for risk control, fraud detection and prevention, and compliance with laws and regulations.

 

Blogs: Some of our Sites offer publicly accessible blogs. Any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at privacy@bhnetwork.com. We may not always be able to remove your personal information. We will let you know if we cannot do so and why.

 

Newsletters: If you subscribe to our newsletters, we will use your name and email address to send them to you. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or accessing the email preferences in your account.

 

Testimonials: We display personal testimonials of satisfied customers on some of our Sites and in print advertisements. With your consent, we may use your testimonial and your name. If you wish to update or delete your testimonial, you can contact us at privacy@bhnetwork.com.

 

Geolocation: We may collect your location-based information to help you locate a store offering our products and services in your area. We will only share this information with our mapping provider for the sole purpose of providing you this service.

 

On some Sites (for example, www.reloadit.com), we collect location-based information for fraud prevention purposes.

 

You may opt out of location-based services at any time by changing the settings on your device. If you do, you might not be able to use certain features, especially when we use location-based information to prevent fraud.

 

How We Share Personally Identifiable Information We Collect

 

We will share your PII with third parties only in the ways that are described in this privacy policy. We do not sell PII to third parties.

 

Affiliates: To the extent permitted by law, we may provide information about your transactions and experiences with other affiliated Blackhawk entities, including parent companies and subsidiaries.

 

Service providers: We may provide your PII to companies that provide services to help us with our business activities, such as shipping your order or offering customer service. These companies are authorized to use your PII only as necessary to provide these services.

 

Referral partners: We offer referral-based commission systems through third party partners through which publisher websites may refer users to our pages to make purchases. The third party partner will be identified when you sign up. Data generated from the commission system, which may include PII and OI, will be owned and controlled by both Blackhawk and the third party partner. This Policy will govern Blackhawk’s use of the data. The third party’s privacy policy will govern its use of the data. When you sign up as a publisher, we will link to the third party’s privacy policy and ask you to agree to it.

 

Product short notices: Some products offered in conjunction with banks have unique data sharing agreements. Blackhawk will make available short privacy notices of each product’s sharing policies on its website.

 

Additional Disclosure: We may also disclose your PII:

 

  • As required by law, such as to comply with a subpoena, or similar legal process;

 

  • When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;

 

  • If Blackhawk is involved in a merger, acquisition, or sale of all or a portion of its assets. You will be notified by email and/or by a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your PII;

 

  • to any other third party with your prior

 

How We Collect And Use Other Information

 

We and certain third-party service providers with whom we have agreements may collect OI in a variety of ways, including:

 

Log files: Most browsers collect certain information, such as your IP address, device type, screen resolution, operating system version, and internet browser type and version. This information is gathered automatically and stored in log files. We may link this data to PII we have collected about you.

 

Tracking technologies: We and our service providers use cookies, beacons, tags, scripts, and HTML5 local storage. These technologies allow us to collect information such as browser type, time spent on our Sites, pages visited, language preferences, and your relationship with us. We can use this information to analyze trends, administer the website, track users’ movements around the website, measure the effectiveness of our communications, tailor our advertising to you, and gather demographic information about our user base as a whole.

 

You can refuse to accept cookies. Most devices and browsers offer their own privacy settings for cookies and HTML5 local storage. You will need to manage your cookie settings for each device and browser you use. However, if you elect not to accept cookies, your use of the features on our Sites may be limited or impaired, and you may not be able to access certain features of our Sites at all.

 

Our third party partners use Local Shared Objects, such as Flash cookies, to embed features on our sites. To manage Flash cookies, please click here: www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07. html

 

Advertising: We partner with a third party to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this website and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking hereIf you are located in the European Union, click herePlease note this does not opt you out of being served ads. You will continue to receive generic ads.

 

Social Media Widgets: Our Sites include social media features, such as the Facebook “Like” button. These features may collect your IP address, identify the page you are visiting on our website, and set a cookie to enable the feature to function properly.

Social Media Widgets are either hosted by a third party or hosted directly on our website. The privacy statement of the company providing it governs your interactions with these Widgets. We will comply with any legal obligations placed on the use of these technologies by certain jurisdictions, which may affect how these Widgets function.

 

Security and Retention

 

The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received, including encrypting the transmission of any sensitive information, such as payment card information. If you have any questions about the security of your personal information, you can contact us at privacy@bhnetwork.com.

 

We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

 

User Access and Choice

 

If your personal information changes, or if you no longer desire our service, you may correct, update, amend, remove, ask to have it removed from a public forum, directory or testimonial on our site or deactivate it by making the change on your account page, emailing us at privacy@bhnetwork.com or by contacting us by postal mail at the contact information listed below. We will respond to your request within a reasonable time.

 

 

“Do Not Track” Preferences

Many browsers provide you an option to request that a web application disable either its tracking and/or cross-site user tracking of an individual user. We do not track your online activities across different Sites, and we only track your activity within a Site to the extent you log into your account. Therefore, our practices remain the same whether or not you enable the “Do Not Track” feature.  

 

 

Therefore, our practices remain the same whether or not you enable the “Do Not Track” feature.

 

Protecting Children’s Privacy Online

 

Our Sites are not directed to individuals under the age of thirteen (13), and we request that such individuals do not provide PII through our Sites. We do not knowingly collect information from children under 13.

 

International Transfer

 

If you live in the European Economic Area (“EEA”), the data that we collect from you may be transferred to and stored at a location outside the EEA. It may also be processed by staff operating outside the EEA who work for us or for one of our service providers. Among other things, such staff may process and store your information and provide support services. By submitting your personal data, you agree to this transfer, storing or processing. We will ensure that your data is treated securely and in accordance with this Policy.

 

Blackhawk complies with the U.S. – E.U. Safe Harbor framework and the U.S. – Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal data from the European Union member countries. Blackhawk has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Blackhawk’s certification, please visit www.export.gov/safeharbor/

 

 

TRUSTe Certification

 

Blackhawk has received TRUSTe’s Privacy Seal signifying that this privacy statement and our practices have been reviewed for compliance with the TRUSTe program viewable on the validation page available by clicking the TRUSTe seal. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact TRUSTe at feedback-form.truste.com/watchdog/requestThe TRUSTe program covers only information that is collected through our Web sites, and does not cover information that may be collected offline, through mobile applications, or from software downloaded from the site.

 

Updates to This Policy

 

This Policy is subject to change. Please review it from time to time. If we make changes, we will revise the “Late Updated” date at the top. Any changes will become effective when we post the revised Policy. If we make any material changes we will notify you by email or by means of a notice on this Site prior to the change becoming effective.

 

Contact Information

 

Blackhawk Network, Inc.

6220 Stoneridge Mall Road Pleasanton CA 94588

privacy@bhnetwork.com